Can a Washington lawyer form a mediation business in partnership with a nonlawyer?
Apply this to your situation
This page answers the general question as of 1991. Ask about yours and see what the current Washington Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
A lawyer asked about forming a mediation service with a nonlawyer. The committee was of the opinion that if the mediation service were wholly separate and apart from the lawyer's law practice, forming such a service with a nonlawyer would be permitted.
The committee drew the line at the practice of law. It said the lawyer could not in any way form a partnership with a nonlawyer that involved the practice of law, citing RPC 5.4(d). The committee also noted that it was providing the inquirer a copy of a recent informal opinion addressing a similar issue in establishing an escrow service.
Currency note
This opinion was issued in 1991, before the 2006 revisions to the Washington Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.
Common questions
Q: Can a lawyer go into a mediation business with a nonlawyer?
A: The committee was of the opinion that the lawyer could, so long as the mediation service was wholly separate and apart from the lawyer's law practice.
Q: What kind of partnership with a nonlawyer is off limits?
A: The committee said the lawyer could not in any way form a partnership with a nonlawyer that involved the practice of law, citing RPC 5.4(d).
Background and rules framework
The opinion applied RPC 5.4(d), Washington's rule on the professional independence of a lawyer, which corresponds to ABA Model Rule 5.4 and prohibits a lawyer from forming a partnership with a nonlawyer if any of the activities of the partnership consist of the practice of law. The committee's analysis turned on whether the proposed mediation venture was separate from the practice of law.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 5.4 (professional independence; partnerships with nonlawyers)
- Washington RPC 5.4(d)
See also
- ABA Formal Op. 91-360: Nonlawyer Partnerships Across States
- ABA Formal Op. 464: Fee Division Across Jurisdictions
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=502
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1422
Year Issued: 1991
RPC(s): RPC 5.4
Subject: Business partnership with nonlawyer; mediation service separate from law practice
The Committee reviewed your inquiry concerning the forming of a mediation service with a non-lawyer. The Committee was of the opinion that if the mediation service were wholly separate and apart from your law practice, the formation of such a service with a non-lawyer would be permitted, but that you could not in any way form a partnership with a non-lawyer which involved the practice of law, RPC 5.4(d). The Committee directed that I provide you a copy of a recent informal opinion regarding a similar issue in establishing an escrow service.
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